EQUALITY MAINSTREAMING
Mainstreaming is one concept that since the 1990’s has gained popularity in international spheres. The United Nations1, the Council of Europe2 and the European Commission3 have been developing gender mainstreaming with more of less success for some time. The term non-discrimination mainstreaming is now used at the European Union level to include other groups, which have been discriminated against, amongst which lesbian, gay, bisexual and transgender (LGBT) people.4 This factsheet will look at equality mainstreaming (as going beyond the anti-discrimination framework to achieve equality in practice). After defining the term equality mainstreaming, it will highlight why this methodology is important and what are the conditions for it to work. Finally some sample questions and recommendations are given to contribute to the process of equality mainstreaming for policy-makers. G N I 1. Definition of equality mainstreaming M
Equality mainstreaming is based on the idea that equality is an A aim to achieve in decision-making. In order to achieve equality, Equality mainstreaming complements but does not replace the impact of decisions on all groups should be considered. other systems put in place to achieve equality such as anti- E Therefore concern for groups which have been traditionally discrimination legislation, positive action and a rights-based discriminated against is brought to the core of policy making. approach. Equality mainstreaming is built on a different R framework from legislation, which is based on an individual When equality is mainstreamed, concern for real equality or justice model of equality. Equality mainstreaming is more
T equality of outcomes is one guiding principle in making political likely to address institutionalised discrimination, structural choices. Another element of equality mainstreaming is the discrimination and unmeet needs of certain groups which are
S participation of excluded groups in the decision-making process. invisible in society. This is done at different stages of the decision-making process by consulting groups which are marginalised. Equality Equality mainstreaming means that attention is being paid to N mainstreaming opens the promise of greater consideration of to avoid possible discrimination on the grounds of sexual I LGBT issues by decision-makers. It presumes that in all decisions orientation5, gender identity6 or gender expression.7 the impact these will have on LGBT people is assessed. A M Y 1 UN ECOSOC Resolution 1997/2 describes gender mainstreaming as the process of assessing the implications for women and men of any planned action, including legislation, policies or programmes, in all areas and at all levels. It is a strategy for making women’s as well as men’s concerns and experiences an integral dimension of the design, implementation, monitoring and evaluation of policies and programmes in all political, economic and societal spheres so that women and men benefit T equally and inequality is not perpetuated. The ultimate goal is to achieve gender equality. Gender Mainstreaming: Strategy for Promoting Gender Equality Office of the
I Special Advisor on Gender Issues and Advancement of Women, 2001. 2 Recommendation No. r (98) 14 of the Committee of Ministers to Member States on gender mainstreaming (Adopted by the Committee of Ministers on 7 October 1998 at the 643rd meeting of the Ministers’ Deputies); EG (99) 13 – Gender mainstreaming: practice and prospects, report prepared by a consultant expert; CDEG-GM (2001) 4
L – Report of the informal Council of Europe network on gender mainstreaming (Strasbourg, 3 October 2001). 3 For more information see http://europa.eu.int/comm/employment_social/equ_opp/gms_en.html 4 Research commissioned by the European Commission: Centre for Strategy and Evaluation Services Non discrimination mainstreaming - instruments, case-studies and way forward. http://ec.europa.eu/employment_social/fundamental_rights/pdf/pubst/stud/mainstr07_en.pdf A 5 Sexual orientation refers to a person’s sexual and emotional attraction to people of the same and/ or different sex. 6 Gender Identity is the individual’s gender concept of self, not necessarily dependent on the sex they were assigned at birth. Gender Identity concerns every human being and it is not only a binary concept of either male or female. Please see also: European Court of Human Rights, Case Goodwin v UK, Application No 28957/95, judgement of 11 July 2002, also: X, Y and Z v UK (1997) 24 EHRR 143, and: Court of Justice of the European Communities, Case P v. S. and Cornwall County Council, Case U C-13/94, Judgment of the Court of 30 April 1996. 7 Gender expression relates to the expression of oneself in external presentation and/or appearance through for instance behaviour, clothing, hair-cut, voice and body characteristics. Q E E
2. Why is Equality mainstreaming Q important? U
There are several reasons why such an approach is useful: discrimination has occurred (curative), e.g. through a legal A judgment. The idea is to “get it right” immediately and avoid Better decision-making and implementation: It allows discrimination of LGBT people.
for making better policy, reflecting the diversity of different Law is not always the answer. The good L groups and overcoming power structures in society, and also implementation of law often requires cases to be taken in the
to effect changes in policy as necessary. courts. It is very difficult for individuals to take cases: it is a I